Niraj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.24889 of 2016 (2) dt.16-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24889 of 2016 Arising Out of PS.Case No. -287 Year- 2015 Thana -RAJAULI District- NAWADA ====================================================== Niraj Kumar Son of Dinesh Rawat alias Dinesh Prasad Resident of VillageKunjaila, P.S.- Roh, District- Nawada. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Singh For the Opposite Party/s : Mr. Md. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-06-2016 Heard learned counsel for the petitioners and learned counsel appearing for the State.

Petitioner apprehends his arrest in connection with Rajouli P.S. Case No. 287 of 2015, registered for the offences punishable under Section 376 of the I.P.C. and Sections 4, 6 and 8 of the POCSO Act.

Taking into consideration that the victim was minor at the time of alleged offence and she has supported the factum of rape in her statement recorded under Section 164 Cr.P.C, I do not feel it proper to extend the privilege of anticipatory bail to the petitioner and accordingly his prayer for anticipatory bail in connection with Rajouli P.S. Case No. 287 of 2015, pending in the court of Spl. Judge-cum- A.D.J. 1st Nawada, stands rejected.

Patna High Court Cr.Misc. No.24889 of 2016 (2) dt.16-06-2016 However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner.

(Hemant Kumar Srivastava, J.) rohit/kunalU T